In an unexpected turn of events, a Bengaluru consumer court has ruled against Swiggy, the popular food delivery service, in a case stemming from a seemingly innocuous Rs. 100 ice cream order. The court mandated compensation to be paid to a customer who was left empty-handed after Swiggy failed to fulfill her order for a ‘nutty death by chocolate ice cream’ worth Rs. 187, as reported by Bar and Bench.
The court’s verdict included a Rs. 3,000 compensation payout to the customer, along with an additional Rs. 2,000 to cover her legal expenses. It criticized Swiggy for its “deficiency of service” and deemed its actions as an “unfair trade practice.”
The customer’s grievance arose when Swiggy failed to deliver the ice cream she had ordered in January 2023. Despite the delivery agent reportedly collecting the order from the ice cream shop, it never reached her doorstep. Adding to the frustration, the Swiggy app falsely indicated that the order had been “delivered.” Dissatisfied with Swiggy’s failure to provide a refund, the customer pursued the matter with the Consumer Commission.
Swiggy attempted to absolve itself of responsibility by asserting that it acted merely as an intermediary between the customer and the restaurants. They argued that they could not be held liable for any errors made by their delivery agent and cited protection under the Information Technology Act, claiming inability to verify delivery status once marked as “delivered” on the app.
However, the court dismissed Swiggy’s defenses, asserting that the failure to refund payment despite non-delivery constituted “deficiency of service” and an “unfair trade practice.”
Initially seeking Rs. 10,000 in compensation and Rs. 7,500 for legal expenses, the complainant’s demands were deemed excessive by the court, which ultimately ordered Swiggy to pay Rs. 5,000 instead.
